Will I get a green card if i marry outside the US???

O

Olechka

Registered Users (C)
Hello,
I'm new here, I see there are lots of people who really know the laws and can give me a piece of advice.
I came to the US 1.5 years ago with J1 Work and Travel visa which was for 4 months. So I overstayaed my visa for more than a year. Now I have to go back to Russia. I have a boyfriend, we love each other, but we can't be together now and I really need to go back to Russia. He's applied for citizenship 5 months ago and I hope soon he'll be a citizen, but anyway we can't get married for some reasons now. So my question is, if I come back to Russia, with no status now, I understand I won't be able to come back to the US again, but if he, being a citizen, comes to Russia in 1 or 2 years and marry me, will I be able to go to America being his wife? It's very important question for me, if anybody has any information, please help!
 
Has USCIS or an Immigration Judge made a determination that you are out of status? Then you may be subject to the 3 or 10 year bars to entry. Otherwise, you should be able to enter on a K-1 or K-3 visa or through consular processing when your then US citizen fiancee/husband petitions for you if no such determination has been made (and I assume your I-94 was issued for D/S). It'll be about a one year process.
 
First of all, as a J1 visa holder, your probably are subject to the 2 years home residency requirement.

Second, as a visa overstay, since you overstay the date on your I-94 past 1 year of its expiration you also get a 10 year ban from returning to the USA.
 
I do agree with the home residency requirement. Wait it out or file a waiver. But hold on - correct me if I'm wrong, the I-94 in this case still is issued for D/S - not triggering a ban unless a determination has been made.
 
Thanks a lot for your answers! But I didn't understand few things, I'm just not so good in the US immigration laws as you are.:eek: I have no idea if USCIS or Immigration Judge made a determination that I am out of status. I just know that my visa expired October 2006 and I had to leave by that time and I didn't do it, so I'm here illegaly, that's for sure. I don't know what means "your I-94 was issued for D/S"? Sorry, I'm stupid, can't figure out what D/S means:)))) Anyway, my visa says- "DS-2019; P-4-06110. Bearer is not subject to section 212(E).Two year rule does not apply Russia". Can you please explain me what it means? And what is a "waiver"?
 
Work and Travel programs do not make its participants subject to HRR. Don't scare the poor girl.

If you have D/S in your I-94, make a copy of it and keep it forever.

If it has a particular date in it, DO NOT LEAVE the States till you get a GC.

I wouldn't leave the States anyway (no matter what it says in my I-94 - and it did say D/S) until I'd get my GC.
 
You must log in or register to reply here.
Top